When purchasing a Del Taco location 'as is', who is responsible for ADA compliance issues at the locations?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
- Buyer acknowledges and agrees Buyer must understand city, county, state, and federal laws, rules, regulations and code requirements (collectively, "Laws") applicable to the Locations, and that certain Laws may have been grandfathered for Del Taco, but will not apply to the new owner upon transfer of the Locations. Buyer will be responsible for determining if additional work and/or equipment may be required in order for the Locations to comply with all applicable Laws, and for the costs of any required modifications to the equipment, kitchen design, and/or facility at any of the Locations. Buyer acknowledges and agrees further that city code inspections (health inspectors and other city inspection authorities) will occur either before or after the Closing Date (depending on the municipality). Inspections are required for Buyer to receive a certificate of occupancy and other applicable permits (including but not limited to health permits) to operate the Locations.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a buyer purchasing an existing Del Taco location is responsible for ensuring the location complies with all applicable laws, including ADA requirements. The buyer must understand all city, county, state, and federal laws, rules, regulations, and code requirements applicable to the location.
Even if certain laws were grandfathered for the previous owner (Del Taco), they may not apply to the new owner upon transfer. Therefore, the buyer is responsible for determining if additional work or equipment is required to comply with all applicable laws and for covering the costs of any necessary modifications to the equipment, kitchen design, or facility.
City code inspections by health inspectors and other city inspection authorities will occur either before or after the closing date, depending on the municipality. These inspections are necessary for the buyer to receive a certificate of occupancy and other applicable permits, including health permits, to operate the Del Taco location. This means the buyer needs to be prepared for potential compliance costs and inspections as part of the acquisition process.